The Supreme Court has upheld a High Court order granting custody of a minor boy to his father, rejecting the challenge raised by the mother. After interacting with the child in chambers, the Bench noted that he was not willing to separate from his father and appeared well-settled in his current environment.
The Court held that factors relied upon by the High Court such as one parent working from home, the other having long office hours, relative travel distance to the child’s school, or the mother’s travel abroad during the Covid-19 period could not independently justify altering custody. The Court further observed that in modern households both parents are working and such circumstances cannot be determinative of a child’s welfare.
The Bench emphasised that the child, now over five years old, continues his schooling without disruption and has the company of elder family members at his current residence. Given his expressed comfort and unwillingness to move, the Court found no reason to interfere with the High Court’s decision.
While dismissing the appeal, the Supreme Court also declined the father’s request to discontinue the mother’s visitation rights, holding that weekend access granted earlier will continue. The mother remains free to pursue custody before the appropriate family court, where proceedings are already pending. Pending applications were disposed of.
Appearances:
For Petitioner(s) : Ms. Preeti Singh, AOR; Mr. Sunklan Porwal, Adv.
For Respondent(s) : Ms. Tina Garg, AOR; Mr. Anuraj Jain, Adv.; Mr. M.K. Ghosh, Adv.; Ms. Preeti, Adv.
